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OUR NEUTRALS

Honorable Daniel B. Banks, Jr. (Ret.)
Madison County Circuit Court
Alabama, JD 1967; Alabama, BS 1964
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—Richard J. Medalie, FORUM Arbitrator

Richard Medalie is one of the FORUM’s most distinguished neutrals. During the Kennedy Administration, Richard served in Solicitor General Archibald Cox’s office and argued his first case before the U.S. Supreme Court at the age of 33. He possesses...

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TODAY IN ADR / May 14, 2008

 

A federal district court in New Jersey honored a choice-of-law provision in a wireless service contract and thus applied Virginia law in determining that the arbitration agreement was enforceable even though it contained a class waiver barring class-wide proceedings. In rejecting a finding of unconscionability and upholding the class waiver, the Court noted that wireless services are not the sort of "necessity" that gives rise to unconscionability concerns.

In Halprin v. Verizon Wireless Services, LLC, No. 07-4015, 2008 WL 961239 (D.N.J. Apr. 8, 2008), Verizon provided wireless phone services to Halprin under a contract that required all disputes to be resolved through individual arbitration. The contract also contained a Virginia choice-of-law provision...

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